THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, ORIE, RAFFERTY, COSTA, BOSCOLA, ALLOWAY, BAKER, EICHELBERGER, ERICKSON, FONTANA, KASUNIC, KITCHEN, LOGAN, ROBBINS, TARTAGLIONE, TOMLINSON, WAUGH, D. WHITE, WILLIAMS, WOZNIAK, YAW AND O'PAKE, JANUARY 30, 2009

REFERRED TO JUDICIARY, JANUARY 30, 2009  

AN ACT

Amending the act of April 14, 1972 (P.L.233, No.64), entitled

"An act relating to the manufacture, sale and possession of

controlled substances, other drugs, devices and cosmetics;

conferring powers on the courts and the secretary and

Department of Health, and a newly created Pennsylvania Drug,

Device and Cosmetic Board; establishing schedules of

controlled substances; providing penalties; requiring

registration of persons engaged in the drug trade and for the

revocation or suspension of certain licenses and

registrations; and repealing an act," providing for the

offenses of operating a methamphetamine laboratory and

illegal dumping of methamphetamine waste.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 14, 1972 (P.L.233, No.64), known

as The Controlled Substance, Drug, Device and Cosmetic Act, is

amended by adding a section to read:

Section 13.3.  Operating a Methamphetamine Laboratory and

Illegal Dumping of Methamphetamine Waste.--(a)  (1)  A person

commits the offense of operating a methamphetamine laboratory if

the person knowingly causes a chemical reaction involving

ephedrine, pseudoephedrine or phenylpropanolamine or any of

their salts, optical isomers or salts of optical isomers for the

purpose of manufacturing methamphetamine or preparing a

precursor substance for the manufacture of methamphetamine.

(2)  Except as provided in clause (3), an offense under this

subsection constitutes a felony of the second degree and is

subject to 18 Pa.C.S. § 1110 (relating to restitution for

cleanup of clandestine laboratories).

(3)  A person who violates this subsection commits a felony

of the first degree and is subject to 18 Pa.C.S. § 1110 if the

chemical reaction occurs within 1,000 feet of the real property

on which is located a public, private or parochial school, a

college or university or a nursery school or day care center, or

within 250 feet of the real property on which is located a

recreation center or playground. 

(4)  This subsection does not apply to the manufacturing

operation of a licensed pharmaceutical company in the normal

course of business.

(b)  (1)  A person commits a felony of the third degree if he

intentionally, knowingly or recklessly deposits, stores or

disposes on any property a precursor substance, chemical waste

or debris, used in or resulting from the manufacture of

methamphetamine or the preparation of a precursor substance for

the manufacture of methamphetamine.

(2)   Clause (1) does not apply to the disposal of waste

products:

(i)  by a licensed pharmaceutical company in the normal

course of business; or

(ii)  pursuant to Federal or State laws regulating the

cleanup or disposal of waste products from unlawful

manufacturing of methamphetamine.

(c)  In addition to restitution under 18 Pa.C.S. § 1110, a

person who is convicted of an offense under subsection (a) or

the use of a precursor substance to manufacture methamphetamine

shall be ordered to reimburse the appropriate law enforcement

agency, emergency medical services organization, fire company or

other organization for the costs of cleaning up the

environmental hazards associated with the operation of the

laboratory or the use of a precursor substance to manufacture

methamphetamine.

Section 2.  This act shall take effect in 60 days.